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829 So. 2d 350

Roberts v. State

District Court of Appeal of Florida

Decided November 1, 2002

District Court of Appeal of Florida · decided 2002-11-01

Relies on 491 So. 2d 1129 - State v. DiGuilio

Decided 2002-11-01

PER CURIAM.

¶1Affirmed.

WHATLEY and SILBERMAN, JJ., concur.BLUE, C.J., concurs with opinion.
BLUE, Chief Judge,

¶2Concurring.

¶3I concur in the affirmance; however, I am compelled to point out that the trial court erroneously allowed the officer to testify that there was an outstanding warrant for Mr. Roberts. Such testimony was inadmissible evidence of collateral crimes. See § 90.404(2)(a), Fla. Stat. (2000). The evidence of the warrant was not relevant to prove any material fact in issue in this case. Therefore, its only relevance was to show bad character and the propensity to commit a crime on the part of Mr. Roberts. However, based on all the facts of this case, I conclude the error was harmless beyond a reasonable doubt. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

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